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CPP/CPS Regulations

Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended by adding a new Part 855 as follows:

Credentialing of Alcohol and Substance Abuse
Prevention Professionals and Prevention Specialists

[Statutory Authority: Mental Hygiene Law §19.07[a], [d]; 19.09[b]]

Sec.
855.1 Introduction
855.2 Legal Base
855.3 Applicability and Limitations
855.4 Definitions
855.5 Credentials Board
855.6 Qualifications
855.7 Examination Eligibility Requirements for Credentialed Prevention Specialists
855.8 Examination Eligibility Requirements for Credentialed Prevention Professionals
855.9 Character and Competence
855.10 Application to Sit for the Written Examination
855.11 Written Examination
855.12 Special Credentialing
855.13 Credential Renewal Requirements
855.14 Credential Based Upon Reciprocity
855.15 Misconduct
855.16 Suspension or Revocation of Credentials
855.17 Other Remedial Actions
855.18 Hearings
855.19 Ethical Standards
855.20 Severability

855.1 Introduction

(a) The establishment of qualification standards and the issuance of credentials pursuant to this Part is intended to assure a minimum level of safety, competence and ethical standards in providing quality alcohol and substance abuse prevention services in New York State.

855.2 Legal base

(a) Subdivision (a) of Section 19.07 of the Mental Hygiene Law provides that OASAS is charged with the responsibility for assuring the development of comprehensive plans, programs and services in the areas of research, prevention, care, treatment, rehabilitation, education, and training of persons who abuse or are dependent on alcohol and/or substances and their families.

(b) Subdivision (d) of Section 19.07 of the Mental Hygiene Law authorizes OASAS to foster programs for the training and development of persons capable of providing alcohol and/or substance abuse services, including the issuance of credentials to persons who meet minimum qualifications set by OASAS.

(c) Subdivision (b) of Section 19.09 of the Mental Hygiene Law authorizes the Commissioner of OASAS to adopt regulations as necessary and proper to implement any matter under his or her jurisdiction.

855.3 Applicability and limitations

(a) This Part shall apply to all persons who wish to become, and to those who do become, alcohol and substance abuse prevention professionals or prevention specialists. Compliance with this Part is completely voluntary and is not a requirement for the provision of prevention services in New York. Only those individuals who wish to hold themselves out as credentialed alcohol and substance abuse prevention professionals or credentialed alcohol and substance abuse prevention specialists are subject to this Part. No person shall use the title "credentialed prevention professional", "credentialed alcohol and substance abuse prevention professional", or "CPP" unless authorized pursuant to this Part. No person shall use the title "credentialed prevention specialist", "credentialed alcohol and substance abuse prevention specialist", or "CPS" unless authorized pursuant to this Part. No person shall use any of the foregoing titles or acronyms to engage in private practice unless otherwise authorized by law.

855.4 Definitions For the purpose of this Part, the following terms are defined:

(a) "Alcohol and substance abuse prevention professional credential" means a document issued by OASAS to a person attesting that such person has met the prevention professional requirements of this Part.

(b) "Alcohol and substance abuse prevention specialist credential" means a document issued by OASAS to a person attesting that such person has met the prevention specialist requirements of this Part.

(c) "Approved work setting" means an alcohol and substance abuse prevention program which meets one or more of the following conditions:

(1) it is operated by OASAS;

(2) it holds a valid operating certificate or certificate of approval issued by OASAS, or a similar license or other approval from another State's alcohol and/or substance abuse authority for the State in which the agency, facility or program is located which authorizes the provision of alcohol and substance abuse prevention services;

(3) it is organized and/or funded by the federal government, to include the Indian Health Service, as a program for the prevention of alcohol and/or substance abuse which is deemed by OASAS to be consistent with OASAS's standards;

(4) it is organized or funded by a private foundation as a program for the prevention of alcohol and/or substance abuse which is deemed by OASAS to be consistent with OASAS's standards for prevention services;

(5) it is a program that includes alcohol and/or substance abuse prevention services deemed by OASAS to be consistent with OASAS's standards for prevention programs and is licensed and/or operated by another New York State agency;

(6) it is an agency or program not subject to licensure by OASAS but which has been deemed by OASAS to be providing services which conform to OASAS's standards for alcohol and/or substance abuse prevention.

(d) "Credentialed alcohol and substance abuse prevention specialist" or "CPS" means a person who has met the prevention specialist requirements of this Part.

(e) "Credentialed alcohol and substance abuse prevention professional" or "CPP" means a person who has met the prevention professional requirements of this Part.

(f) "Commissioner" means the Commissioner of the New York State Office of Alcohol and Substance Abuse Services.

(g) "OASAS" means the New York State Office of Alcoholism and Substance Abuse Services or its designee.

(h) "Prevention" means a proactive, research-based process which empowers individuals and systems to deal constructively with life stresses and crisis. This process is focused on enhancing protective factors and reducing risk factors associated with alcohol and/or substance use, abuse, and dependence.

(i) "Prevention services" means an organized effort utilizing prevention strategies which are designed to keep individuals, families, groups, and communities healthy and free from the problems related to alcohol and/or substance use, abuse, and dependence, and to inform the general public of the problems associated with such use, abuse and dependence, thereby raising their awareness. These services may be provided in any community, school, workplace, or other organizational setting approved by OASAS.

(j) "Prevention supervision" means the exercise of on-the-job teaching, training, guidance, direction and review of prevention services activities of alcohol and substance use, abuse and dependence prevention service workers, including monitoring the worker's development and the use of prevention knowledge and skills relevant to the professional practice of prevention services.

(k) "Qualified prevention supervisor" means a person who:

(1) is a credentialed prevention professional (CPP);

(2) is a non-credentialed person who otherwise meets the educational and work experience requirements established for the credentialed prevention professional; or

(3) is a credentialed alcohol and substance abuse counselor (CASAC) providing supervision in a program providing prevention services.

855.5 Credentials Board

(a) The Commissioner shall appoint fifteen members to serve on the Credentials Board ("the Board") which will assist and advise OASAS in the administration of the prevention credentialing program established by this Part. The majority of members shall be, or shall be eligible to become and do become within one year, credentialed alcohol and substance abuse prevention professionals and/or credentialed alcohol and substance abuse prevention specialists as defined in this Part. Members shall be representative of the diverse field of alcohol and/or substance abuse prevention and shall include credentialed alcohol and substance abuse prevention professionals and prevention specialists, administrators of alcohol and/or substance abuse prevention programs, health and mental health professionals, and members of the general public. Every effort will be made to ensure that the Board includes diverse membership in terms of gender, race/ethnicity, consumer representatives, and geographic background.

(b) Members shall serve for terms of 3 years each, except that 7 of the members initially appointed shall be appointed for 2 year terms. The Chairperson of the Board shall be designated by the members of the Board in accordance with written bylaws to be established.

(c) Reappointments may be made at the discretion of the Commissioner, except that no person shall serve more than 2 consecutive terms. Former members of the Board may be reappointed after an absence of at least 3 years. Members of the Board may be removed by the Commissioner for professional misconduct or failure to attend meetings.

(d) No member of the Board shall be an OASAS employee.

(e) The Board shall advise OASAS during the credentialing process, oversee the review of applications for credentials and credential renewals, oversee the administration of the examination process; and make recommendations to OASAS for credential issuance and/or for credential renewal. The Board shall also review complaints about credentialed alcohol and substance abuse prevention professionals and credentialed alcohol and substance abuse prevention specialists and shall make written recommendations to OASAS for each complaint so reviewed.

855.6 Qualifications

(a) Knowledge, skills and professional expertise required. OASAS shall issue an alcohol and substance abuse prevention professional or a prevention specialist credential to any person who has demonstrated a minimum level of safe practice by successfully completing: education and training, supervised practical training, work experience, and a written examination. All of these requirements address a body of knowledge, work behavior, and skills deemed appropriate by OASAS for the credential. Essential qualifications for the prevention specialist credential include:

(1) knowledge of universal, selected, and indicated prevention strategies;

(2) knowledge of the variety of models and theories of alcohol and/or substance use, abuse, and dependence related problems;

(3) understanding of the value of a comprehensive systems approach to prevention;

(4) knowledge of the social, political, economic and cultural context within which alcohol and/or substance use, abuse and/or dependence exists;

(5) knowledge of the importance of family, social networks and community systems in the prevention, treatment and recovery process;

(6) knowledge of the behavioral, psychological, physical health, and social effects of alcohol and/or substance use, abuse or dependence, on individuals, families, and communities;

(7) fundamental knowledge of the philosophies, practices and outcomes of the most generally accepted models of prevention, including universal, selected and indicated;

(8) fundamental knowledge of the potential for alcohol and/or substance use, abuse or dependence to mimic a variety of medical and psychological disorders and the potential for medical and psychological disorders to co-exist with alcohol and/or substance use, abuse or dependence;

(9) ability to incorporate the special needs of diverse racial and ethnic cultures and special populations in prevention practice, including their distinct patterns of communication; and

(10) knowledge of the obligation to adhere to generally accepted ethical and behavioral standards of conduct in the professional relationship.

(b) Additional knowledge and skill requirements for the prevention professional credential include:

(1) fundamental knowledge of the philosophies, practices, policies and outcomes of the most generally accepted models of treatment, recovery, relapse prevention and continuing care for alcohol and/or substance use, abuse or dependence related problems;

(2) fundamental knowledge of the established diagnostic criteria for alcohol and/or substance use, abuse and dependence, and understanding of the variety of prevention services, treatment options and placement criteria within the continuum of care; and

(3) fundamental knowledge of the various counseling strategies for alcohol and/or substance use, abuse and dependence.

(c) Both credentialed alcohol and substance abuse prevention professionals and credentialed alcohol and substance abuse prevention specialists must demonstrate a knowledge of, and ability to engage in, a wide range of professional techniques and activities that ensure a level of safe practice which shall be consistent with the performance domains as outlined in the most recently published role delineation study for prevention practitioners.

855.7 Examination eligibility requirements for credentialed prevention specialists

(a) In order to be eligible to sit for the required written examination, an applicant for the prevention specialist credential must be at least 18 years of age and document that his/her primary residence is within the State of New York (an applicant's primary residence is one in which he/she resides at least 51 percent of the time). If an applicant fails to meet the residence requirement, he/she must document that at least 51 percent of his/her time employed is as a provider of prevention services within the State of New York.

(b) Compliance with education and training requirements shall be documented in a manner as directed by OASAS and shall be subject to verification and approval by OASAS. Applicants must have a high school diploma or a general equivalency diploma (G.E.D) and have successfully completed a wide range of education and training programs in the field of alcohol and substance abuse prevention. Such instruction shall have consisted of a minimum of 100 clock hours of education and training which addresses the full range of knowledge, skills and professional techniques specified in this Part.

(c) Specific hourly subject matter requirements within each of the 3 areas identified in subparagraphs (1), (2), and (3) of this paragraph, consistent with the minimum clock hour requirements specified therein, may be established by OASAS.

(1) A minimum of 50 of the required 100 clock hours must be related to knowledge of alcohol and/or substance use, abuse and dependence at all age levels and among people of diverse backgrounds and cultures.

(2) A minimum of 38 of the required 100 clock hours must be prevention specific and related to the performance domains as outlined in the most recently published role delineation study for prevention practitioners.

(3) A minimum of 12 of the required 100 clock hours must be related to ethical responsibilities.

(d) All education and training must have been completed within 10 years prior to the date of application. At the discretion of OASAS, courses successfully completed more than 10 years prior to the date of application as part of an accredited degree program may be accepted toward the minimum clock hour requirement, providing that the degree was completed within the required period.

(e) Training will be considered acceptable if it is obtained through an accredited college or university, a governmental agency, professional organization, training institute, or in-service training program approved by OASAS. Participation in conferences sponsored by professional organizations shall be accepted to meet a maximum of 12 hours of the education and training requirements of this Section.

(f) In addition to the education and work experience requirements of this Section, the applicant must have had a minimum of 120 hours of supervised practical training in the professional expertise, knowledge and skills specified in subdivision (a) of Section 855.6 of this Part, while providing prevention services in an approved work setting. Each of the areas of professional expertise determined by OASAS in accordance with subdivision (c) of Section 855.6 of this Part must be performed for a minimum of 10 hours. At least 12 hours of face to face supervision with a qualified prevention supervisor must be documented. Applicants must provide documentation from a qualified prevention supervisor directly involved in providing this practical training to the applicant. In addition to meeting this requirement, supervised practical training may be claimed as part of the applicant's work experience, based on the number of hours worked; or as education and training clock hours, based on the number of academic credits earned as part of the supervised practical training experience, but not the actual hours worked.

(g) An applicant must document a minimum of 2000 hours of paid supervised work experience in an approved work setting. Such experience must include the provision of prevention services or the supervision of prevention services and must have been obtained within 10 years of application. At least 1000 hours of the work experience claimed must have been gained during the 5 years preceding the submission of an application and may not include any experience gained as part of, or required under, the applicant's participation as a patient in a formal alcohol and/or substance abuse treatment/aftercare program and/or plan.

(h) Work experience must have included, but have not been limited to, practice in the prevention specific performance domains as outlined in the most recently published role delineation study for prevention practitioners, and must have included a minimum of 2 hours per month of documented supervision by a qualified prevention supervisor.

855.8 Examination eligibility requirements for credentialed prevention professionals

(a) Applicants who are currently credentialed by OASAS as prevention specialists and who wish to apply to become credentialed prevention professionals are not required to sit for the written examination. Such applicants must demonstrate eligibility by satisfying all other requirements of this Part.

(b) In order to sit for the written examination, an applicant for the prevention professional credential must be at least 18 years of age and document that his/her primary residence is located within the State of New York (an applicant's primary residence is one in which he/she resides at least 51 percent of the time). If an applicant fails to meet the residence requirement, he/she must document that at least 51 percent of his/her time employed as a provider of prevention services occurs within the State of New York.

(c) Compliance with education and training requirements shall be documented in a manner as directed by OASAS and shall be subject to verification and approval by OASAS. The applicant must have a Bachelors Degree from an accredited institution of higher learning and shall have successfully completed a wide range of educational and training programs in the field of alcohol and substance abuse prevention, and such instruction shall have consisted of a minimum of 250 clock hours of education and training which addresses the full range of knowledge, skills and professional techniques as follows:

(1) a minimum of 85 of the required 250 clock hours must be related to knowledge of alcohol and substance abuse at all age levels and among people of diverse backgrounds and cultures;

(2) a minimum of 60 of the required 250 clock hours must be prevention specific and related to the performance domains as outlined in the most recently published role delineation study for prevention practitioners.

(3) a minimum of 60 of the required 250 clock hours must be related to prevention principles and practices, and to the services continuum (education and training in this area shall include: systems approach to prevention, models of treatment, recovery, relapse prevention, continued care, identification and use of diagnostic criteria and referral, and counseling strategies); and

(4) a minimum of 45 of the required 250 clock hours must be related to professional development and ethical responsibilities.

(d) All education and training must have been completed within 10 years prior to the date of application. At the discretion of OASAS, courses successfully completed more than 10 years prior to the date of application as part of an accredited degree program may be accepted toward the minimum clock hour requirement, providing that the degree was completed within the required period.

(e) Training will be considered acceptable if it is obtained through an accredited college or university, a governmental agency, professional organization, training institute, or in-service training program approved by OASAS. Participation in conferences sponsored by professional organizations shall be accepted to meet a maximum of 30 hours of the education and training requirements of this Part.

(f) The applicant must have had a minimum of 120 hours of supervised practical training in the professional expertise, knowledge and skills, specified in Section 855.6 of this Part, while providing prevention services in an approved work setting. Each of the performance domains of professional expertise referred to in subdivision (c) of Section 855.6 of this Part must be performed for a minimum of 10 hours.

(g) Applicants must provide documentation of at least 12 hours of face to face supervision with a qualified prevention supervisor directly involved in providing this practical training to the applicant.

(h) Supervised practical training may be claimed as part of the applicant's work experience, based on the number of hours worked; or as education and training clock hours, based on the number of academic credits earned as part of the supervised practical training experience, but not the actual hours worked.

(i) An applicant must document a minimum of 4000 hours of supervised work experience in an approved work setting. Such experience must include provision of prevention services or provision of documented supervision of prevention services and must have been obtained within 10 years of application. At least 1000 hours of the work experience claimed must have been gained during the 5 years prior to the submission of an application and may not include any experience gained as part of, or required under, the applicant's participation as a patient in a formal alcohol and/or substance abuse treatment/aftercare program and/or plan.

(j) An applicant may substitute 1000 hours of voluntary or other non-paid work experience in the provision of appropriately supervised prevention services in an approved work setting for up to 1000 hours of paid experience.

(k) Paid or unpaid work experience in a formal internship or formal field placement may be accepted for up to 1000 hours, if determined by OASAS to be the equivalent of requisite work experience.

(l) In order to be approved by OASAS, work experience must have included, but not be limited to, prevention specific performance domains as outlined in the most recently published role delineation study for prevention practitioners, and it must have included, at a minimum, 2 hours per month of documented supervision by a qualified prevention supervisor.

(m) Persons having a master's degree, or other advanced degree, in a human services field as determined by OASAS from an accredited college or institution, may substitute this degree for up to 2000 hours of work experience, provided that a minimum of 2000 hours of paid work experience which otherwise satisfies the requirements of this subdivision is documented.

855.9 Character and competence

(a) An applicant for the alcohol and substance abuse prevention professional or prevention specialist credentials shall demonstrate that he or she is of such character and competence as to give reasonable assurance of his or her ability to function as a credentialed alcohol and substance abuse prevention professional or a credentialed alcohol and substance abuse prevention specialist in accordance with accepted ethical standards. OASAS may require reasonable documentation for the period the applicant is using to establish his or her qualification for application. Nothing in this Section shall exclude, by itself, any person who is a recovering person or former alcohol and/or substance abuser, or other person who has received alcohol and substance abuse services, or who has had a conflict with the legal system, provided that such person can furnish sufficient evidence of his or her rehabilitation for a period satisfactory to OASAS.

855.10 Application to sit for the written examination 

(a) OASAS will determine the policies and procedures to be used with regard to the application for the written examination to be administered under its direction. 

(b) Each application shall include 3 evaluations written by persons with a minimum of 6 months of direct knowledge of the applicant's performance as a supervised alcohol and substance abuse prevention provider. Such evaluations shall be based upon the applicant's work experience as defined in subdivision (d) of Section 855.7 or subdivision (d) of Section 855.8 of this Part, as applicable. Of the 3 evaluations, 1 shall be written by a current, or the most recent, qualified prevention supervisor and 2 shall be written by persons familiar with the applicant's work in providing alcohol and substance abuse prevention services.

(c) If an applicant is not engaged in the provision of prevention services in the alcohol or substance abuse prevention field at the time of application, an additional evaluation by his or her current or the most recent supervisor is required.

(d) Each applicant shall sign an affidavit which states that the applicant agrees to abide by ethical standards which shall govern the applicant's professional activities as a credentialed prevention professional or prevention specialist. Willful failure to sign such affidavit shall be grounds for denial of the issuance of the credential.

855.11 Written examination

(a) The successful completion of a written examination, administered under the direction of OASAS, is required. No oral examination is necessary. The written examination shall consist of multiple choice questions to test factual knowledge and its application relating to requisite competence areas, professional activities, and ethical principles. Examinations will be administered at least once per year as determined by OASAS. OASAS will determine the policies and procedures to be used with regard to the written examination itself.

855.12 Special credentialing

(a) Special credentialing shall be in effect for a period of 90 days beginning on the 31st day after the effective date of this Part.

(b) During this period OASAS may issue, without requiring a written examination, a prevention professional credential to any person at least 18 years of age who:

(1) documents that his/her primary residence is within the State of New York (an applicant's primary residence is one in which he/she resides at least 51 percent of the time; if an applicant fails to meet the residence requirement, he/she must document that at least 51 percent of his/her time employed is as a provider of prevention services within the State of New York);

(2) documents completion of a minimum of 10,000 hours of supervised work experience as a provider or supervisor of alcohol and/or substance abuse prevention services in an approved work setting (such experience must have been obtained within 12 years of application, and an applicant may substitute up to 2000 hours of voluntary or other non-paid experience providing appropriately supervised prevention services in an approved work setting for up to 1000 hours of paid experience);

(3) submits 3 evaluations of his or her professional and ethical competency written by persons with a minimum of 6 months of direct knowledge of the applicant's work experience (of the 3 evaluations, 1 shall be written by a current or most recent alcohol and substance abuse prevention supervisor with a minimum of 3 years supervisory experience in the delivery of alcohol and substance abuse prevention services, and in the event that an applicant is not engaged in the provision of prevention services in the alcohol and substance abuse field at the time of application, an additional evaluation or a reference by his or her current or most recent supervisor is required); and

(4) submits an affidavit of ethical standards which states that the applicant agrees to abide by ethical standards which shall govern the applicant's professional activities as a credentialed alcohol and substance abuse prevention professional; the wilful failure to sign such an affidavit shall be grounds for denial of the issuance of the credential.

(c) OASAS shall issue the alcohol and substance abuse prevention professional credential to all qualified persons during the 90 day period beginning on the 31st day after the effective date of this Part.

855.13 Credential renewal requirements 

(a) All persons issued a credential under this Part shall provide satisfactory and appropriate documentation within two years of receipt of such credential in accordance with the provisions of this Section.

(b) Satisfactory evidence of continued competence and skill maintenance shall be provided, subject to verification and approval by the Office, which shall include the following:

(1) documentation of attendance at a minimum of 40 clock hours of continuing professional education related to alcohol and substance abuse prevention and/or other relevant education as may be approved at the discretion of the Office, completed within the 2 year effective period of the credential; and

(2) an evaluation from the renewal applicant's current or most recent supervisor and/or program director certifying continued competence as a credentialed alcohol and substance abuse prevention professional or a credentialed alcohol and substance abuse prevention specialist as well as adherence to ethical standards of the profession.

855.14 Credentialing based upon reciprocity

(a) The Credentials Board will recommend issuance by OASAS, without requiring a written examination, of a credential to any applicant who is determined to be eligible for reciprocity based on all of the following:

(1) the applicant holds a current, valid certificate, credential, or license eligible for reciprocity from a certifying body recognized by OASAS;

(2) OASAS receives written verification from the certifying body which shows that the applicant is duly certified, credentialed or licensed in good standing in that jurisdiction and entitled to reciprocity in New York State; and

(3) each applicant shall sign an affidavit which states that the applicant agrees to abide by ethical standards which shall govern the applicant's professional activities as a credentialed alcohol and substance abuse prevention professional or a credentialed alcohol and substance abuse prevention specialist. The willful failure to sign such affidavit shall be grounds for denial of the issuance of the credential.

855.15 Misconduct

(a) Any person who is in the process of applying for a credential, has a valid credential, or is eligible for credential renewal and who engages in misconduct as described in this Section will be subject to the penalties proscribed in this Part. Commission of misconduct while impaired by use of alcohol and/or other substances, and a willingness to address such impairment, shall be considered when assessing penalties.

(b) The following shall constitute misconduct by a credentialed alcohol and substance abuse prevention professional or a credentialed alcohol and substance abuse prevention specialist:

(1) obtaining the credential fraudulently;

(2) providing services fraudulently, with gross incompetence, with gross negligence on a particular occasion or negligence or incompetence on more than one occasion, or otherwise acting contrary to the interests of a service recipient;

(3) providing services while under the influence of alcohol and/or other substances;

(4) violating any term or condition or limitation imposed on the prevention professional or prevention specialist by the Office;

(5) refusing to provide services to any individual, organization or community because of race, creed, color, gender, age, disability, national origin or sexual orientation, or socioeconomic status;

(6) practicing as a credentialed alcohol and substance abuse prevention specialist or professional while the credential is suspended or revoked;

(7) being convicted of an act constituting a crime under New York State law, Federal law, or the law of another jurisdiction which, if committed within this State, would constitute a crime under New York State law, and not promptly reporting such conviction to the Office;

(8) promoting any sale of services or goods in such manner as to exploit the service recipient for the financial gain of the prevention professional or prevention specialist or of a third party;

(9) directly or indirectly offering, giving, soliciting, or receiving or agreeing to receive, any fee, or other consideration to or from a third-party for the referral of a service recipient or in connection with the performance of alcohol and substance use, abuse and dependence prevention services; or

(10) entering into an exploitative, sexual or other relationship with service recipients or their significant others that is outside the boundaries of professional conduct.

855.16 Suspension or revocation of credentials

(a) Grounds for suspension or revocation. The Commissioner may suspend or revoke an alcohol and substance abuse prevention professional credential or an alcohol and substance abuse prevention specialist credential in response to findings or recommendations made as a result of a complaint made by any person or an investigation by OASAS. 

(b) The Commissioner may suspend a credential for a definite period of time. The suspension shall state whether the credential will be reinstated automatically following suspension or reinstated upon compliance with express conditions of the suspension. Conditions for reinstatement may include completion of prescribed remedial education and training and/or supervised work experience or successful completion of a course of therapy or treatment developed and approved by a qualified health professional with expertise in the identified area of impairment. A written notice of suspension shall be sent to the credentialed alcohol and substance abuse prevention professional or the credentialed alcohol and substance abuse prevention specialist by certified mail, return receipt requested. Such notification shall include a statement detailing the basis for the action and advising the credentialed alcohol and substance abuse prevention professional or the credentialed alcohol and substance abuse prevention specialist of his or her right to a hearing pursuant to Part 831 of this Title.

(c) The Commissioner may revoke a credential for an indefinite period of time.

(d) Nature and extent of suspension or revocation. Suspensions or revocations shall be commensurate with the seriousness of the misconduct, based upon consideration of several factors including but not limited to:

(1) actual or potential service recipient harm;

(2) severity of actual or potential harm;

(3) presence or absence of a pattern of misconduct;

(4) previous instance(s) of misconduct;

(5) intent;

(6) impairment and willingness to address such impairment;

(7) level of continued risk to service recipients and to the credentialed alcohol and substance abuse prevention profession as a whole;

(8) actions taken by the prevention professional or prevention specialist and/or other parties to mitigate actual or potential harm;

(9) extenuating circumstances or contributing factors; and

(10) ability to provide or continue to provide a level of alcohol and substance abuse prevention services in accordance with this Part.

(d) Whenever a credential has been suspended or revoked, the credentialed alcohol and substance abuse prevention professional and/or prevention specialist may request a hearing in accordance with Part 831 of this Title.

855.17 Other remedial actions

(a) The Commissioner may take the following remedial actions when deemed appropriate.

(1) Administrative reprimand. This is a written notice from the Commissioner citing an initial instance of misconduct or misconduct of a minor or technical nature. Such notice may include instructions to obtain remedial education, training and/or supervision. An administrative reprimand is not subject to a request for a hearing.

(2) Annulment. This is a determination which annuls a credential determined to have been issued or renewed on the basis of mistake of fact or clerical error. Written notice of annulment shall be sent to the credentialed alcohol and substance abuse prevention professional or the credentialed alcohol and substance abuse prevention specialist by certified mail, return receipt requested. Such notice shall include a statement detailing the basis of the annulment. In cases where the annulment is based on mistake of fact, such notice shall also advise the credentialed alcohol and substance abuse prevention professional or the credentialed alcohol and substance abuse prevention specialist that he or she has 10 days to submit a request for review of the matter by the Credentials Board. Such request must include a detailed statement of the facts that are in error and a corrected version of such facts. Upon review of a recommendation for reversal by the credentials board, the Commissioner shall either uphold the original determination or reverse it.

855.18 Hearings

Hearings requested pursuant to this Part shall be governed by the provisions of Part 831 of this Title.

855.19 Ethical Standards

Every alcohol and substance abuse prevention professional and alcohol and substance abuse prevention specialist who receives a credential shall be expected to uphold high ethical standards and to be responsible to their service recipients, themselves and other professionals. A credentialed alcohol and substance abuse prevention professional or a credentialed alcohol and substance abuse prevention specialist has a professional duty to report, through appropriate channels, any unethical conduct of which he or she is aware.

855.20 Severability

If any provision of this Part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provision or applications of this Part which can be given effect without the invalid provision or applications, and to this end the provisions of this Part are declared to be severable.

Date of Last Change: 06/19/2000

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